Fatal crash driver Alexis Fleury facing sentence over death of David Crane near Tenterden
15:00, 17 July 2013
updated: 15:32, 17 July 2013
A French motorist has today been convicted of causing the death of a man by careless driving near Tenterden.
But 25-year-old Alexis Fleury was cleared of killing David Crane by dangerous driving by a jury at Canterbury Crown Court.
He had denied both charges and said he was certain he was driving in the correct lane when his car hit Mr Crane's in a head-on crash.
Mr Crane, 62, from Tenterden, died at the scene from multiple injuries at about 11.30pm on August 3 last year.
Fleury - who lives in Orleans, France - was on his way to visit his English girlfriend in Wadhurst when the accident happened.
There were no witnesses to the crash, on the A28 in Rolvenden Road.
Alexia Best was the first on the scene, arriving shortly afterwards on her way to Tenterden to pick up her boyfriend.
She told the court: "As I drove along the A28 I became aware of a car across both lanes of the road. I stopped and saw a man coming towards me waving both arms about.
"I asked him if he had called anyone and he said he hadn't because he was French and had a French mobile.
"He was very upset, beside himself, and kept putting his head in his hands. He said, 'It was my fault'. I was on the wrong side of the road.'"
Cross-examined by Mark Fraser, defending, Miss Best said she was 100% certain that was what Fleury had told her.
Martin Yale, prosecuting, said each car was doing 40mph in a 60mph area.
He told the court: "Fleury was partly at least on the wrong side of the road and Mr Crane was entirely on the correct side of the road. Fleury said he missed his turning and stopped and carried out a U-turn.
"The prosecution says that when he turned around he drove off on the wrong side of the road and drove for some time like this. Fleury's driving was dangerous and caused Mr Crane's death."
Robert Giles, from the Kent Police serious collision unit, said most of the damage to Mr Crane's car was to the right-hand side.
Contact between both vehicles took place in Mr Crane's lane, he said.
He said Mr Crane was not wearing a seat belt.
Mr Giles said: "Both vehicles were travelling towards each other in a more or less straight line and I believe the cars struck each other head-on, although not 100% head-on."
Fleury, who cried as he gave evidence, said on the day of the crash he had worked for the morning and in the afternoon rested and prepared for his journey to England.
He left France at 6pm and, although he had been up for more than 16 hours and driving for more than six at the time of the crash, he said he was not tired.
He had slept at the tunnel and during the 45-minute journey through it and had taken coffee breaks.
He told the court he was confident about driving on English roads.
"I was unconscious for a short while. I was feeling terrible and I was lost. I had never had a car crash before..." - defendant Alexis Fleury
Fleury said: "I missed my turning and decided to do a U-turn. I was driving for a few seconds and saw headlights just in front of me and boom.
"I was unconscious for a short while. I was feeling terrible and I was lost. I had never had a car crash before."
He said he did not remember the content of his conversation with Miss Best.
"I do not see why I would have said I was on the wrong side of the road," he said. "I am sure I was on the correct side of the road when I did the U-turn and afterwards."
He said he had no idea why part of his car was on Mr Crane's side of the road.
Mr Yale told Fleury: "Your car was in collision with Mr Crane's car. This accident has to be your fault."
Fleury replied: "I do not see why it is my fault. I am sure I was on the correct side of the road."
Fleury, who was remanded in custody, will be sentenced tomorrow.